Thursday, April 12, 2001

OTTAWA - Today Democracy Watch released an open letter to federal Ethics Counsellor Howard Wilson calling for an investigation of Monsanto lobbyist John Dossetor for possible violations of federal lobbying and ethics rules (Please see text of letter set out below). One day before the one-year anniversary of another ethics complaint Democracy Watch filed with the Ethics Counsellor, the group also called on Wilson to finally rule on the complaint and other outstanding investigations.

On February 26, 2001, Monsanto advertised that it had hired Dossetor as Vice-President, Government Affairs (effective February 5, 2001) to build "alliances and partnerships though the government channel, and helping develop and articulate Monsanto's strategy for internal and external government audiences." Before joining Monsanto, Dossetor was the Senior Policy Advisor to Allan Rock, federal Minister of Health, and evidence exists that he dealt with the Monsanto file.

Federal ethics rules prohibit former public officials such as Dossetor from, for one year after leaving government:

• accepting employment with an entity with which they had direct and significant dealings during the year before they left government; or
• making representations on behalf of any entity to any department with which they had direct and significant dealings during the year before they left government.

In addition, former public officials are never allowed to:

• give advice to anyone using information that is not available to the public concerning departments with which they were employed or had direct and significant dealings during the year before they left government; or
• switch sides by acting for any entity on any negotiation, transaction or case with the government about which the official acted for or advised the government.

Finally, the Lobbyists Registration Act requires corporate lobbyists to register if they spend 20% or more of their time communicating with public office holders in an attempt to influence their decisions, and the Lobbyists' Code of Conduct requires lobbyists to adhere to the Act and other ethics rules. Dossetor is not registered under the Act.

Based on Dossetor's work with the government, his Monsanto job description, and federal ethics rules, Democracy Watch believes that anything he could do for Monsanto would violate at least one of the ethics rules. Also, if Dossetor is fulfilling the responsibilities of his job description, he likely should also be registered under the Lobbyists Registration Act.

Democracy Watch's letter calls on the Ethics Counsellor to investigate what Dossetor did for the government, and what he has done in the past two months for Monsanto, in particular whether he has contacted any department with which he had dealings during the year before he left government.

"The ethics rules are intended to slow down public officials from going through the revolving door and selling their inside knowledge and access to the highest bidder," said Duff Conacher, Coordinator of Democracy Watch. "A full investigation of what John Dossetor is doing for Monsanto is needed to ensure he isn't breaking these rules."

Democracy Watch also called on the Ethics Counsellor to show some integrity and fulfill his legal duty and his personal pledges by ruling on four long-standing complaints about possible violations of ethics and lobbying rules filed by Democracy Watch since last spring, including one complaint filed one-year ago tomorrow. The complaints involve Prime Minister Jean Chrétien, Health Minister Allan Rock, Finance Minister Paul Martin, former Industry Minister and current Foreign Affairs Minister John Manley, current International Trade Minister Pierre Pettigrew, Public Works Minister Alfonso Gagliano, and a variety of lobbyists and lobbying associations. The complaint filed on April 13, 2000 involves Secretary of State Jim Peterson and former Liberal MP, now lobbyist Barry Campbell.

Just over two weeks ago, Democracy Watch filed two new complaints, one concerning René Fugère, an unpaid aide to Prime Minister Jean Chrétien, who failed to register as a lobbyist even though clear evidence exists that Fugère was lobbying for grants for various clients. The other complaint concerns Matthew Johnston who, while serving as Executive Assistant to Canadian Alliance MP Rajim Jaffer, also served as Executive Director of the lobby group Canadian Property Rights Research Institute (CanPRRI), and also failed to register as a lobbyist. The Ethics Counsellor is required by the Lobbyists Registration Act to investigate where he has a reasonable belief that a violation of the Lobbyists' Code of Conduct has occurred.

""Canadians had to wait for years before ethics rules were written for Cabinet ministers and lobbyists," said Conacher. "Given the Ethics Counsellor's neglect of his duties, it looks like we'll have to wait years more before any of those rules are enforced."

Howard Wilson
Ethics Counsellor
66 Slater St., 22nd Floor
Ottawa, Canada
K1A 0C9
Fax: (613) 995-7308

April 12, 2001

Dear Mr. Wilson:

We are filing this letter to request that you investigate a situation that Democracy Watch believes raise serious questions concerning violations of the Conflict of Interest and Post-Employment Code for Public Office Holders (the Public Office Holders Code) and the federal Lobbyists' Code of Conduct (the Lobbyists' Code) and Lobbyists Registration Act, CHAPTER L-12.4 (R.S., 1985, c. 44 (4th Supp.)) (the Act).

The Public Office Holders Code covers all ministers of the Crown, ministerial staff and appointees such as deputy ministers and associate deputy ministers. The Lobbyists' Code covers all lobbyists required to register under the Act.

Until very recently, John Dossetor was the Senior Policy Advisor to Allan Rock, federal Minister of Health. He is clearly covered by the Public Office Holders Code. Evidence exists that while working for the government Mr. Dossetor dealt with the file concerning decisions with respect to Monsanto Canada's applications for approval of genetically modified foods.

On February 26, 2001, Monsanto advertised that it had hired Dossetor as Vice-President, Government Affairs (effective February 5, 2001) to build "alliances and partnerships though the government channel, and helping develop and articulate Monsanto's strategy for internal and external government audiences."

The Public Office Holders Code prohibits former public officials such as Dossetor from, for one year after leaving government:

• accepting employment with an entity with which they had direct and significant dealings during the year before they left government (Rule 30(a)); or
• making representations on behalf of any entity to any department with which they had direct and significant dealings during the year before they left government (Rule 30(b)).

In addition, former public officials are never allowed to:

• give advice to anyone using information that is not available to the public concerning departments with which they were employed or had direct and significant dealings during the year before they left government (Rule 29(2)); or
• switch sides by acting for any entity on any ongoing negotiation, transaction, proceeding or case with the government about which the official acted for or advised the government (Rule 29(1)).

Finally, the Lobbyists Registration Act requires corporate lobbyists to register if they spend 20% or more of their time communicating with public office holders in an attempt to influence their decisions, and the Lobbyists Code of Conduct requires lobbyists to adhere to the Act. Mr. Dossetor is not registered.

Based on Mr. Dossetor's work with the government, his Monsanto job description, and federal ethics rules, Democracy Watch believes that anything he could do for Monsanto would violate at least one of the ethics rules. Also, if Mr. Dossetor is fulfilling the responsibilities of his job description, he likely should also be registered under the Lobbyists Registration Act and be adhering to the Lobbyists' Code.

Principles set out in the Lobbyists' Code require that all lobbyists follow all laws, including the Lobbyists Registration Act's registration requirements, and that lobbyists conduct all their relations with "honesty and integrity."

Rule 3 of the Lobbyists' Code states the following:
"3. Disclosure of obligations
Lobbyists shall indicate to their client, employer or organization their obligations under the Lobbyists Registration Act, and their obligation to adhere to the Lobbyists' Code of Conduct."

Based on the above, Democracy Watch requests that you undertake a full and detailed investigation to determine whether Mr. Dossetor is violating federal ethics and/or lobbying rules. In particular, we request that you investigate exactly what Mr. Dossetor did for the government, what he has done in the past two months for Monsanto (including providing any advice based on confidential information he learned while working for the government), and whether he has contacted any department with which he had dealings during the year before he left government.

We look forward to your investigation of this matter, and await your reply.

Sincerely,
Duff Conacher, Coordinator
On behalf of the Board of Directors of Democracy Watch